Wolf, a resident of a county in Shaanxi Province, wants to borrow money from the county branch of the Postal Savings Bank of China and needs a guarantor. One day on the road suddenly encountered a long-unconnected elementary school classmate Dong X, wolf knows that Dong X has a shop, so he repeatedly asked Dong X to drink and reminisce about the past. Later, when the time was ripe, he put forward the request to let Dong Mou guarantee himself, but Dong Mou's wife did not agree, and Wolf Mou repeatedly came to the door to beg. At the behest of Wolf, Dong was soft-hearted and used the shop under his name as collateral, providing a guarantee for Wolf's loan contract with the Postal Savings Bank of 950,000. Later, after the loan was due, wolf was unable to repay, and the east generation wolf returned a total of 1.01 million yuan in principal and interest. After the East generation returned the shop business plummeted, life was embarrassing, and his wife cried every day about divorce. Dong mou asked wolf for money many times, but wolf mou ignored it, and even had an arrogant and unreasonable attitude. Dong Mou had no choice but to come to the county people's mediation committee to apply for mediation.
It is understood that Wolf has no objection to Dong's guarantee behavior and the fact that he repaid 1.01 million yuan, but Wolf said that he is currently unable to repay Dong's 1.01 million yuan. Dong mou said that he could accept the installment repayment, repaying himself 300,000 yuan per month until the end of the repayment. Wolf did not make any statement on this, saying that it was not that he did not want to repay, it was that he owed a lot of money due to the failure of the investment, and he was really unable to bear the responsibility for repayment, even if he sold him, he had no money to return to Dong.
The mediator told the parties that according to Article 700 of the Civil Code of the People's Republic of China, after the guarantor bears the guarantee liability, unless otherwise agreed by the parties, it has the right to recover from the debtor within the scope of its guarantee liability, and enjoys the creditor's rights against the debtor, but shall not harm the interests of the creditor. After the guarantor assumes the guarantee liability or compensation liability, it has the right of recourse. Therefore, after Mr. Dong assumed the guarantee liability and returned the principal and interest of 1.01 million yuan to the bank, Mr. Dong enjoyed the right to recover from Wolf within the range of 1.01 million yuan assumed. The wolf said that he knew, and then said that something had grown up and left. After Wolf left, the mediator adjusted the mediation plan while calming Dong's emotions and decided to go to Wolf alone in the afternoon.
At about 6 p.m., the mediator came to a certain place in the wolf to communicate with the wolf, and the wolf said that he cooperated with others to invest in real estate development and construction, and the sales of the commercial housing were not good after the completion, resulting in a break in the capital chain, and he also borrowed some usurious loans and could not repay them. The mediator clearly pointed out that the stop loss should be stopped in time and the arrears of Dong X should be paid off first, otherwise once it is sued by Dong X, its assets will be frozen and his personal credit will also be affected, which will also indirectly affect the sales of his real estate. After the mediator's patient persuasion, Wolf expressed his willingness to use two sets of commercial houses to compensate Dong.
The mediator contacted Dong in time to ask whether to accept this repayment method, and Dong said that he needed to discuss with his wife. After 5 minutes, Dong replied that his wife did not agree, because the current commercial house has not been registered for property rights, it is difficult to sell externally, and he is unwilling to believe in the character of Wolf. After wolf learned about it, he told Dong that the five certificates of the commercial house built were complete, and it was only a matter of time before the real estate registration was handled. Mr. and Mrs. Dong agreed after discussing for a long time.
In the end, the two parties reached the following agreement: Wolf mou compensated the two sets of commercial houses on the east and west floors of the first floor of unit 2 of building 1 of a certain residential area he invested in and built at a preferential price to the east couple, with a construction area of 112 square meters and 140 square meters respectively, equivalent to a total of 1.01 million yuan. The two sets of commercial housing are handled by Wolf X for real estate registration certificates, and the cost is responsible for By Wolf X. During the period of obtaining the ownership certificate without registering the real estate, wolf must not sell or mortgage the house again, and ensure that there is no dispute in the house, otherwise it will immediately return 1.01 million yuan to Dong.
@ Fat cat who loves to read
This is a modern story of Mr. Dongguo and the wolf, and now there are too many people in society who are very realistic, and when they use people, they face forward, and when they do not use people, they face back. This case is a case of creditor's rights and debts caused by the guarantee, the parties should bear no objection to the creditor's rights and debts, but the borrower has no ability to repay the guarantor in the form of funds due to operational difficulties, the mediator accurately uses laws and regulations, clarifies the mediation ideas, adjusts the mediation plan in a timely manner, proposes solutions to the problem, does work for the two parties to the dispute, enlightens and guides from the legal, rational and emotional aspects, and finally promotes the parties to reach a settlement agreement.